About Idaho Probate Law & the Importance of Legal Guidance

by | May 18, 2014 | legal

Are you seeking the assistance of a probate lawyer? If you were chosen to be an executor, it’s likely that you have questions about the probate process and how it applies to the will and assets you’ve been named responsible for. An attorney can shed light on your available courses of action, and guide you through the often complex and confusing probate system. Because probate involves many particulars, it’s a smart idea to recruit a legal counselor to ensure all bases are covered.

Probate Basics
Idaho probate law encompasses the legal actions that occur after an individual passes away. These actions consist of attesting to the validity of a person’s will, accounting for assets and property, appraising property, quelling debts and any taxes, and awarding assets and property to beneficiaries. Probate processes can be lengthy, usually lasting a couple of months to a year. Additionally, probate law can also be fairly complicated, and the guidance of a probate attorney is almost always beneficial. In fact, it’s typically recommended that executors seek knowledgeable lawyers before proceeding.

The Role of Executors
Individuals name executors in their wills to follow through with probate, and to provide courts with information on their debts, assets, and beneficiaries. If an individual passes away without creating a will and naming an executor, a judge will choose one on behalf of the deceased person. Executors are responsible for organizing assets throughout the probate process, and are also charged with the responsibility of quelling any debts the deceased may have. Typically, this is done by selling assets, investments, and other forms of property in an effort to repay creditors.

When to Hire Representation
If you’ve been named as executor, it’s important to take appropriate action to ensure each probate process is completed to the letter. To determine whether or not you’d benefit from legal assistance, it’s a good idea to consider a few essential factors. For instance, choosing an attorney that’s well-versed in Idaho probate law is recommended if you’re:
 

  • Experiencing family discrepancies
  • Short on necessary funds to repay debts
  • Responsible for an estate that includes commercial property 
  • Confused about state and federal estate tax dues
  • Generally unsure of how to proceed

At the Finch ~ O’Neil Law Office, P.A., we utilize teamwork and extensive probate legal knowledge to meet our clients’ needs. Visit Familylegalsolutions.com to setup an initial consultation.

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